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2025:UHC:5911 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
C-528 No. 516 of 2025 Hon’ble Ashish Naithani, J.
Mr. Parikshit Saini, learned counsel for the Applicant. 2. Mr. Vipul Painuli, learned A.G.A. for the State of Uttarakhand. 3. Ms. Sukhwani Singh, learned counsel for the Respondent No. 2. 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicant- Amit Kumar Lamba against Respondent No. 2- Sanjeev Kumar seeking quashing of the charge-sheet dated 05.11.2024, the summoning order dated 16.11.2024 and the entire proceedings of Criminal Case No. 8748 of 2024 (Case Crime No. 0335 of 2023), “State vs. Amit Kumar Lamba and Others,” for offence punishable under Sections 420, 406 and 120B of the Indian Penal Code, 1860, pending in the Court of learned Chief Judicial Magistrate, Dehradun. 5. Along with the present application under Section 528, a joint Compounding Application (I.A. No. 1 of 2025) has been filed and signed by the parties, duly supported by their separate affidavits, wherein it is stated that the parties have entered into a compromise and request that, in this light, the matter may be compounded. 6. Today, Applicant No. 1- Amit Kumar Lamba is present in person before the Court and is duly identified by Mr. Parikshit Saini, Advocate. Respondent No. 2- Sanjeev Kumar is also present in person before the Court and is duly identified by Ms. Sukhwani Singh,
2025:UHC:5911 Advocate. 7. The Court also interacted with Respondent No. 2. During the interaction, he stated that he had mistakenly written the name of the Applicant. He fairly conceded that he has no objection to the compounding application being allowed. 8. Heard learned counsel for the parties and perused the material available on record. 9. In light of the legal principles laid down by the Hon’ble Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, and Dimpey Gujral vs. Union Territory of Chandigarh, Transfer Petition (Criminal) No. 115 of 2012, decided on 06.12.2012, this Court holds that criminal proceedings may be quashed if the matter has been amicably settled between the parties and they are inclined to restore peace and harmony. 10. Per contra, the learned State Counsel raised a preliminary objection, contending that some of the offences are non-compoundable. 11.
Considering the overall facts and circumstances of the case, this Court is of the view that the ends of justice would be met by quashing the entire proceedings of Criminal Case No. 8748 of 2024 (Case Crime No. 0335 of 2023), “State vs. Amit Kumar Lamba and Others,” for offence punishable under Sections 420, 406 and 120B of the Indian Penal Code, 1860, qua the Applicant, pending in the Court of learned Chief Judicial Magistrate, Dehradun. 12. Accordingly, the Compounding Application is allowed. The the entire proceedings of Criminal Case No. 8748 of 2024 (Case Crime No. 0335 of 2023),
“State vs. Amit Kumar Lamba and Others,” for offence punishable under Sections 420, 406 and 120B of the
2025:UHC:5911 Indian Penal Code, 1860, pending in the Court of learned Chief Judicial Magistrate, Dehradun, are hereby quashed qua the present Applicant only. 13. The Criminal Miscellaneous Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is accordingly disposed of. (Ashish Naithani, J.) 09.07.2025 Shiksha
2025:UHC:5911